If arrest is illegal, subsequent orders will become invalid, says Supreme Court in NewsClick founder’s case for bail
The Hindu
The Supreme Court told Delhi Police that judicial orders remanding NewsClick founder Prabir Purkayastha will crumble if his arrest turns out to be illegal.
The Supreme Court on Tuesday told Delhi Police that judicial orders remanding 74-year-old journalist and online portal NewsClick founder Prabir Purkayastha will crumble if his arrest turns out to be illegal.
A Bench of Justices B.R. Gavai and Sandeep Mehta quizzed the police on their rather hasty operation to pick up Mr. Purkayastha in the early hours of October 3 last year.
He was rushed to the Magistrate, who passed an order at 6 a.m. remanding him to custody.
Mr. Purkayastha, who was charged under the Unlawful Activities Prevention Act, was represented by a legal aid lawyer. His own lawyer was not informed. The police had sent by WhatsApp the details of the arrest and remand to Mr. Purkayastha’s lawyer after the order for his custody was passed.
Senior advocate Kapil Sibal, for Mr. Purkayastha, said, “When we asked why we were not informed, the police said it was 6 a.m. The FIR was not given to us. We applied. The police objected. The grounds of arrest were not communicated.”
He said the power to arrest was not a discretionary one. “It should be supported by solid reasons. After all, a person’s liberty was taken away,” Mr. Sibal submitted.
Justice Mehta turned to Additional Solicitor General S.V. Raju with some tough questions.